Terms of Service

TERMS OF SERVICE AGREEMENT

1. LICENSE AGREEMENT

Please read this License Agreement carefully. Upon purchase of 28Right, Inc. products or services or use of 28Right website, you agree to acceptance of the terms and conditions set forth in this License Agreement by accessing any Product content you receive, and you are therefore hereby granted a non-exclusive, revocable, limited use license to make use of the Product and/or Site, as further described herein. By checking the checkbox and clicking the "Save" button during the installation and configuration process of your Instance of the Scnapper Image or by accessing or using the Scnapper Instance, you are accepting and agreeing to be bound by the terms and conditions of this Agreement, which becomes effective as of the date you click the "Save" button (or first access Scnapper Instance) (the "Effective Date"). If you do not agree with the conditions set forth in this Agreement, please do not click the "Save" button (or access or use the Instance). Once you access the Product you purchased, you agree to be bound by this License Agreement.
All content, literary work, concepts and ideas contained within, conveyed by and accompanying the Product and/or Site belongs to and is the sole property of 28Right, Inc. a California Corporation (hereinafter referred to as "28Right") and its use is governed by this LICENSE AGREEMENT (hereinafter referred to as "Agreement" or "License Agreement").
Reproduction, copying, or any other form of unauthorized use of the intellectual property contained within this Site or Product is strictly forbidden without the express written consent from 28Right, except as provided for herein.
Techniques and methods disclosed by Site and/or Product which are not already in the public domain may not be disclosed, published, sold, transferred or otherwise expressed (except for your own use of these techniques for purposes of marketing and promoting your business).
28Right, Inc., its authors, employees, directors and officers assume no liability or responsibility whatsoever for any decisions, actions, results or lack of results, arising from any technique or recommendation that is made herein. You are urged to learn from the materials presented, verify your own results through actual testing and validation as you learn what works best for you and your own business and particular situation.
The authors and publisher of the Site and Product and all accompanying materials have used their best efforts to provide the best and most accurate information possible, yet your use of this material is entirely at your own risk. 28Right, its authors, publisher and affiliates make no representation or warranties of any kind with respect to accuracy, fitness, applicability, or completeness of the content of this Product.
28Right hereby disclaims any warranties (express or implied), including merchantability or fitness for a particular purpose. In no event shall 28Right, its authors, publisher or affiliates be held liable for any loss or other damages, including but not limited to special, incidental, consequential or other damages. As always, proper advice for legal, accounting, tax, business or other matters should be sought. 28Right does not warrant the performance, effectiveness or applicability of any website mentioned or referenced in Product or accompanying materials.
All links are for informational purposes only and are not warranted for content, accuracy, or any other implied or explicit purpose.
28Right grants to end-user (you) a non-exclusive license to use of the Product, subject to the terms of this License Agreement, and as may be further described on 28Right Web Site(s), and as follows:
By purchasing a license to this Product, you are entitled to paid-up use of the currently installed version of the Product. Should new major upgrade versions of the Product be published, a reasonable Upgrade Fee may be optionally charged for use of such new version.
You shall not use the Product if you do not fully agree to, become a party to, and abide by, without exception, all rules, regulations and terms and conditions contained in this License Agreement. This License Agreement remains in effect so long as the Product is installed or used by you, unless explicitly terminated, in writing, by you.
Upon termination of this License Agreement, you agree to cease using the Product, the techniques, methods and processes you have learned from the Product and to destroy all copies of the Product you have in your possession, stored in your cloud computing environment, backed up on your PC or elsewhere, stored in email accounts or otherwise stored electronically, in hardcopy or other physical or non-physical form.

2. LICENSE RESTRICTIONS

You may not:
(a) permit other unlicensed individuals to use the Product unless such other individuals agree to accept the terms of this Agreement and pay 28Right any applicable fees or dues required to properly license the use this Product by purchasing a licensed copy of the Product. This Product is licensed for use by the individual user who is named and associated with the purchase receipt of the Product, and is not transferrable to others;
(b) modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the Product;
(c) defeat or attempt to defeat any copy-protection or license enforcement mechanisms provided with the Product;
(d) rent, lease, transfer, timeshare, sublicense or otherwise transfer rights to the Product;
(e) remove any proprietary notices or labels on or within the Product; or
(f) use the Product for any reason other than your own use in promoting your own business as an end-user of Product;
(g) post the Product on any Internet file or web sites, or in other public forums, without the express written consent of an authorized officer of 28Right.
You may:
(a) Install or use the Product for business upon on up to one (1) cloud computing instance or virtual machine, provided that only the licensed end-user associated with the Product's original purchase (you) makes use of the Product on each of those virtual servers, cloud computing instances or actual physical hardware.
(b) Make backup copies and snapshots of the Product, for safekeeping and in order to recover the Product and your data in the event of a machine or virtual server failure (as applicable).

3. SUPPORT

28Right will provide support in accordance with 28Right's standard support terms then in effect.
28Right may make new tools, new features or functionality related to Scnapper technology available from time to time, the use of which may be contingent upon end-user's agreement to additional terms.
Unwarranted situations. This limited warranty covers only problems that are reproducible and verifiable and does not cover (a) any software, item or services not provided by, or on behalf of, 28Right; or (b) problems caused by or arise from an End User's, abuse, misuse, unauthorized use, or unauthorized installation of, or modification to, the instance or failure to take any of the measures described as part of your responsibility under this Agreement, or that are caused by events beyond 28Right's reasonable control, including, without limitations, any failures in the Provider Services (such as the Snapshots or instance runtime). 

4. LIMITED WARRANTY

28Right does not warrant that your use of the Product will be uninterrupted or that the operation of the Product will be error-free or secure. In the event that this warranty is breached, 28Right's only obligation under this Agreement and your sole remedy is, solely at 28Right's option, to either (a) replace your Product with new Product supplied by 28Right of the same type, value and price actually paid by you; or (b) terminate this Agreement and refund any unused fees, if any, paid by you to purchase your license to the Product.
SPECIFIC WARRANTY DISCLAIMERS. END-USER ACKNOWLEDGES THAT THE END-USER INSTANCE ON WHICH THE SCNAPPER IMAGE IS LAUNCHED IS MERELY MANAGING THE USE OF SNAPSHOTS AND EC2 RUNTIME, WHILE THE SNAPSHOTS THEMSELVES ARE PERFORMED BY IAAS PROVIDER. ACCORDINGLY, 28RIGHT IS NOT RESPONSIBLE OR LIABLE FOR THE SECURITY OR DELETION OF, OR FAILURE TO STORE, ANY END-USER INFORMATION. AS BETWEEN 28RIGHT AND END-USER, END-USER IS SOLELY RESPONSIBLE FOR SECURING AND BACKING UP END-USER INFORMATION. FURTHER, 28RIGHT DOES NOT WARRANT THAT THE OPERATION OF A LICENSED INSTANCE ON WHICH THE SCNAPPER IMAGE IS INSTALLED WILL BE ERROR-FREE, UNINTERRUPTED OR COMPLETELY SECURE.
Unwarranted situations. This limited warranty covers only problems that are reproducible and verifiable and does not cover (a) any software, item or services not provided by, or on behalf of, 28Right; or (b) problems caused by or arise from End User's, abuse, misuse, unauthorized use, or unauthorized installation of, or modification to, the Scnapper Image or failure to take any of the measures described as part of the responsibility of Licensee under this Agreement, or that are caused by events beyond 28Right's reasonable control, including, without limitations, any failures in the Provider Services (such as the Snapshots).
Force Majeure: 28Right will not be liable for failure or delay to perform any obligation under this Agreement, to the extent caused by circumstances beyond its reasonable control.   
Exclusive Remedy: The sole and exclusive obligation of 28Right and Licensee's sole and exclusive remedy in case of breach of the limited warranty stated above will be to repair or replace the Scnapper Image in a manner enabling conformity to the Limited warranty above. Scnapper also has the option to repay to End-user the fees paid by End-user for to the License (for the period during which the breach of warranty occurred) instead of repairing or replacing the Scnapper Image. Prior to repayment, End-user must permanently stop the use of any End-user Image and uninstall Scnapper Image from any End-user Instance. 28Right's LIABILITY WITH RESPECT TO THE Scnapper TECHNOLOGY, UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY IS EXCLUSIVELY LIMITED TO THE REPAIR OR REPLACEMENT OF THE Scnapper IMAGE OR TO THE REPAYMENT OF FEES, AS STATED ABOVE. 
GENERAL WARRANTY DISCLAIMER. EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY STATED ABOVE, 28Right MAKE NO OTHER EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND WITH REGARD TO THE SCNAPPER TECHNOLOGY. THE SCNAPPER IMAGE AND THE ACCOMPANYING DOCUMENTATION ARE OTHERWISE PROVIDED "AS IS" WITHOUT ANY WARRANTY INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, CORRESPONDENCE TO DESCRIPTION, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT, WHICH ARE ALL EXPRESSLY DISCLAIMED.

5. LIMITATION OF LIABILITY

28Right is not responsible for any losses incurred by you in your business. You accept any and all risks associated with your decisions, whether or not such decisions are based in whole or part upon information provided by the Product.
The Product and Site are provided "AS IS." THERE ARE NO WARRANTIES OF ANY KIND AS TO THE SOFTWARE'S IMPLIED MERCHANTABILITY OR TO FITNESS FOR A PARTICULAR PURPOSE, EVEN IF 28RIGHT HAS BEEN ADVISED OF THAT PURPOSE. 28RIGHT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF 28RIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION ON AMOUNT OF LIABILITY. IN NO EVENT SHALL 28Right's AGGREGATE LIABILITY UNDER THIS AGREEMENT, FOR ANY DAMAGE OR CLAIM ARISING FROM LICENSEE'S EXERCISE OF THE LICENSE, USE OF SCNAPPER TECHNOLOGY OR THE ACCOMPANYING DOCUMENTATION, EXCEED THE AMOUNT ACTUALLY PAID BY LICENSEE TO 28Right DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.  
This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.

6. TERM AND TERMINATION

This Agreement commences on the Effective Date will remain in effect, unless and until terminated as set forth in this Agreement.
28Right may terminate this Agreement at any time, with or without cause, should you violate the terms of this Agreement or fail to render full payment as agreed upon at time of sale. You may terminate this Agreement, with or without cause. Upon termination of this Agreement, you agree to cease use of Product and Site, destroy all backup copies or other Product materials you have downloaded and cease use of and access to the Product. Upon termination of this Agreement, you agree that 28Right may retain all monies paid for Product.

7. MISCELLANEOUS

No Waiver. Neither party will be deemed to have waived, or restricted its right to enforce, any rights under this Agreement by failing to exercise or enforce (or delaying the exercise or enforcement of) such rights. All waivers by us must be in writing to be effective. 
Venue. All claims or disputes arising out of or relating to this Agreement will be litigated exclusively in the courts located in the State of California, USA. The parties consent to the personal jurisdiction in those courts.
 
8. Copyright Law

All content, video, text and graphics on this site are protected by U.S. copyright and international treaties and may not be copied or re-used without the express written permission of this site, which reserves all rights.

9. Site and Product Limitation of Liability

THIS SITE AND PRODUCT PROVIDES THE INFORMATION, SERVICES AND PRODUCTS ON THIS WEBSITE "AS IS" WITHOUT WARRANTIES OF ANY KIND. YOU ALSO AGREE THAT THIS SITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE THIS SITE FORUMS AND THAT YOUR USE OF THIS SITE FORUMS AND ANY DOWNLOADING OF MATERIALS FOUND ON OR THROUGHOUT THE THIS SITE FORUMS IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR DATA THAT RESULTS. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULL EXTENT PERMITTED BY LAW. THIS SITE DOES NOT WARRANT THAT THE USE OF PERFORMANCE OF THIS WEBSITE WILL BE TIMELY, UNINTERRUPTED OR FREE OF ERROR, OR THAT THIS WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES. IN NO EVENT SHALL THIS SITE, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY LOSS OR INJURY, DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF THIS SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT APPLICABLE LAW PREVENTS THE EXCLUSION OF LIABILITY FOR CERTAIN WARRANTIES, SUCH EXCLUSION DOES NOT APPLY TO YOU TO THE EXTENT LIMITED BY LAW.

10. Definitions

End-user: End-user is the individual or legal business entity represented by an authorized representative (as an employee or agent) action on its behalf, agreeing to this Agreement.
IaaS Provider: Amazon Web Services and its affiliates.
Snapshot: An Amazon EBS snapshot or Amazon Machine Image (AMI), which is a point-in-time backup copy of an Amazon EBS volume/EC2 instance that is stored in S3.